Gov & Administrative Law Questions & Answers by State

Gov & Administrative Law Questions & Answers

Q: As a U.S. Citizen am I allowed to display this patch on the dashboard of my car in support of the United States Marshals

1 Answer | Asked in Gov & Administrative Law for New York on
Answered on Mar 27, 2017

That may be pushing into criminal territory, i.e., posing as a US Marshal. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: Can I challenge temporary or permanent orders in the state of Colorado?

1 Answer | Asked in Domestic Violence, Gov & Administrative Law and Family Law for Colorado on
Answered on Mar 27, 2017

You can challenge both orders. It is usually unwise to challenge a temporary order because they are of such a short duration (and also not usually cost-effective for the legal fees). Permanent orders can also be challenged by: (1) requesting a rehearing (usually within 21 days of the order), (2) appeal or (3) requesting a modification (this applies most to family cases AND must occur after the cooling-off period and/or meet the changed circumstances requirement).
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Q: Is there any kind of question a judge or lawyer can ask you

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Social Security for Oklahoma on
Answered on Mar 24, 2017

The questions must be relevant and related to what the court must make as a finding. Some questions are designed to ensure that there is no fraud, and also to make a record in the event there is a denial.
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Q: I have a question about California State regulations regarding compliance by licensed agents and brokers.

2 Answers | Asked in Business Law and Gov & Administrative Law for California on
Answered on Mar 23, 2017

I am unaware of any change in law requiring all text messages to be stored. Business and Professions Code Section 10148, and Civil Code Section 1624, governs Real Estate professionals' requirements to maintain records. The B&P Code explicitly states "This subdivision shall not be construed to require a licensed real estate broker to retain electronic messages of an ephemeral nature, as described in subdivision (d) of Section 1624 of the Civil Code." But you need to read Civil Code 1624 to...
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Q: how do I make the santa barbra county comply with the public access provision of the costal.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Public Benefits for California on
Answered on Mar 17, 2017

The best advice I can give you is to do a Google search for lawyers with experience regarding public access to California's beaches. I am sure you will find several right in your local area. You can also contact your local county bar association client referral program (e.g. Santa Barbara County Bar Association http://sblaw.org/sbcba-lawyer-referral-service/) and ask for a referral to a law firm with expertise in this precise issue. There is a short video which explains what services they...
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Q: When was Washington State's RCW 48.17.597 first initiated into law and when was it revised?

1 Answer | Asked in Gov & Administrative Law for Washington on
Answered on Mar 17, 2017

Passed in 2007 with an effective date of July 1, 2009. See http://lawfilesext.leg.wa.gov/biennium/2007-08/Pdf/Bills/Session%20Laws/Senate/5715-S.SL.pdf
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Q: police liability

2 Answers | Asked in Personal Injury, Civil Rights and Gov & Administrative Law for Oregon on
Answered on Mar 14, 2017

Unlikely you would prevail against the police on this, as they did not do the damage. If you have insurance, file a claim. If the claim is accepted, your insurance company my go after the police in subrogation if they think there is a case.
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Q: What will happen and what should do ?

1 Answer | Asked in Divorce, Immigration Law, Broker Fraud and Gov & Administrative Law for New York on
Answered on Mar 13, 2017

You need to speak to a qualified immigration law attorney. I can advise you that if you want to seek a divorce, you have grounds regardless of any adultery. As far as the implications with respect to your status in this country, please see a qualified immigration attorney or contact a local legal aid office or immigration assistance office to see if you qualify for free representation.
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Q: How do I find case law regarding county governments exceeding their authority under state statute?

1 Answer | Asked in Gov & Administrative Law for Ohio on
Answered on Mar 9, 2017

The best way for a citizen to locate applicable case law is to go to there nearest public law school's library and ask the librarians for help.
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Q: Section 25 no fishing license is required?

1 Answer | Asked in Gov & Administrative Law for California on
Answered on Mar 6, 2017

See: https://www.wildlife.ca.gov/Licensing

Sec. 25 of CA Const. says in relevant part, "provided, that the legislature may by statute, provide for the season when and the conditions under which the different species of fish may be taken."

"The conditions which": this means you can be required to pay for a permit at a reasonable rate.

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an...
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Q: What is the definition of "set line" referred to in fgc section 9026.

1 Answer | Asked in Gov & Administrative Law for California on
Answered on Mar 6, 2017

Good question. I'm not able to find the answer in the code itself with ease. Read the prior sections carefully, starting from the beginning of the related chapter. Contact the Fish and Game Dept for clarification. Other jurisdictions provide clues, but there's no telling whether that applies in CA, e.g., see: http://ksoutdoors.com/Fishing/Fishing-Regulations/Definitions/Setline. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
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Q: Can my local town force me to put my electric service wires underground

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for New York on
Answered on Feb 27, 2017

Yes, based on various public utilities and construction laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: What action can residents take when SBMC Title 28 public notice requirements are violated by officials to obtain grant $

1 Answer | Asked in Gov & Administrative Law and Municipal Law for California on
Answered on Feb 18, 2017

Do you have evidence that the notice was not actually posted? If so, you may file a complaint about the city council's actions with the city. That is the first step in addressing a grievance: an administrative complaint. Thereafter, if your grievance is not satisfactorily resolved, you may consider filing suit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,...
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Q: Hello , I am asking about the Virginia HB 2163, is it legal to take away someones right for a medication?

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Health Care Law and Medical Malpractice for West Virginia on
Answered on Feb 18, 2017

You need to speak with the group that is lobbying against it. Who those are I wouldn't know. Look at newpaper articles on it--it will usually say "......however, Billie Joe McAlister, spokesperson for Not So Fast, a group of opiod treatment professionals said that......." With the internet shouldn' t be hard for someone to fijnd.
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Q: can the local government tell me where I can park my vehicles on my own property in an unincorparated part of the county

1 Answer | Asked in Gov & Administrative Law and Land Use & Zoning for California on
Answered on Feb 18, 2017

It depends on whether there is any agreement between the county and the local government issuing you these citations about their policing duties and jurisdictional reach. If not, you may be able to defend yourself with a jurisdictional argument. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications...
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Q: Is the due process clause absolute?

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Health Care Law for Michigan on
Answered on Feb 17, 2017

Due process requires at a minimum notice and an opportunity to be heard before the government deprives a person of life, liberty or property, but otherwise can vary with the circumstances.
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Q: Is it illegal for news corporations like NBC to distribute fake news? Is it illegal for the White House to distribute?

1 Answer | Asked in Constitutional Law, Communications Law and Gov & Administrative Law for District of Columbia on
Answered on Feb 15, 2017

It depends on the facts. See: https://www.fcc.gov/consumers/guides/broadcasting-false-information. Also the President cannot commit crimes, obviously. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: I need to find a good Lawyer who is willing to sue the Federal Government on my behalf.

1 Answer | Asked in Federal Crimes, Gov & Administrative Law, Criminal Law and Civil Rights for California on
Answered on Feb 15, 2017

A lawyer should review the details of your case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
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Q: Under CA Gov't Code 53216.6, what kinds of administrative expenses are considered reasonable?

1 Answer | Asked in Gov & Administrative Law and Public Benefits for California on
Answered on Feb 13, 2017

Have a lawyer review the situation in depth with you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...
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Q: I am the named Trustee on a trust that is related to Standard Oil and Northern Trust/Northern Telecom where my Dad Worke

1 Answer | Asked in Energy, Oil and Gas, Estate Planning, Gov & Administrative Law and Government Contracts for California on
Answered on Feb 12, 2017

Why would you be denied entry to a public court? Have you filed anything in Probate Court about this? Is there a trust administrator that you've contacted? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of...
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